Divorce – Do you know your facts?

The facts you should know and understand before going through a divorce

In order to get divorced your marriage must have irretrievably broken down.

There is often some confusion when it comes to discussing which of the five facts can be relied upon in certain circumstances.

The five facts are:

Adultery

Unreasonable Behaviour

Desertion

Two years separation and consent

Five years separation

The main ground that people seem to misunderstand is ‘Adultery’. This has a very specific meaning in law and if it is to be stated within a divorce petition, the petitioner should take care to ensure that they understand the legal definition of the wording.

Adultery relates to sexual intercourse between a consenting man and woman, one or both of whom are already married to other people.

Things to understand:

You must establish that not only has the adultery taken place but also that you find it intolerable to live with your spouse.

Adultery cannot take place between two people of the same sex. This would instead fall within the ground of unreasonable behaviour.

Adultery can only take place during the marriage. Any acts prior to the marriage are not adultery unless they continue after the marriage has begun.

A court should not be biased against a party who has committed adultery when dealing with finances or children. There can be a variety of issues why the marriage has ultimately broken down. The respondent would be well advised to submit a statement setting out why the marriage had broken down and whether this had already taken place prior to the adultery taking place.

You can only rely on adultery as a ground if you issue a divorce petition within 6 months of you becoming aware.

If you have any questions as to which of the five facts are applicable to your specific situation please contact a member of our team for a free no obligation discussion.

Within our initial meeting, we will discuss your particular situation in complete confidence and we will advise you as to whether you can legally seek a divorce and if so on what basis.